92-1781 - Sales

BEFORE THE UTAH STATE TAX COMMISSION

____________________________

In Re: )

: INFORMAL DECISION

XXXXX, ) Appeal No. 92-1781

:

) Account No. XXXXX

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STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Administrative Procedures Act and the rules of the Utah State Tax Commission for informal proceedings. As provided for by Utah Code Ann. 63-46b-5, this decision is based upon information contained in the Tax Commission's file.

FINDINGS

1. The tax in question is sales and use tax.

2. The periods in question are the first quarter of XXXXX and the last quarter of XXXXX.

3. Tax Commission records show that Petitioner filed its first quarter XXXXX sales and use tax return with payment ($$$$$) on XXXXX, nearly three and a half months late. As a result, the Commission assessed Petitioner two $$$$$ late penalties, one for late filing and the other for late payment. Two $$$$$ legal fees were also added, plus interest.

4. Commission records also show that Petitioner filed its fourth quarter XXXXX sales and use tax return with payment ($$$$$) on XXXXX, five days late. As a result, the Commission assessed Petitioner two $$$$$ late penalties, a $$$$$ legal fee and interest.

5. Upon initial review requested by Petitioner, the Commission later waived $$$$$ in penalties on each quarter in question.

6. Petitioner's bookkeeper, XXXXX, explained that the fourth quarter XXXXX payment and return were sent in one envelope and, inadvertently, without postage. The post office returned the envelope and Petitioner added the stamp and sent it on its way, causing the lateness.

7. Petitioner is requesting a waiver of the remaining penalties, fees and interest.

DECISION AND ORDER

The Tax Commission finds sufficient cause exists to reduce the penalties assessed on the first quarter XXXXX sales and use tax to a single $$$$$ penalty, two legal fees and interest.

Sufficient cause also exists to waive the penalties, legal fee and interest assessed on the fourth quarter XXXXX sales and use tax.

DATED this 14th day of July, 1993.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

W. Val Oveson Roger O. Tew

Chairman Commissioner

Joe B. Pacheco Alice Shearer

Commissioner Commissioner